Religious Liberty
Disagreements and
projections abound in the dialogue about marriage and its redefinition
to include
same-sex couples. But both sides agree on one issue:
redefining marriage significantly jeopardizes religious freedom—the
first liberty upon which our nation was founded.
The convergence of several factors creates this unavoidable clash
between religious liberty and redefining marriage. First, the vast
majority of religious adherents in America believe that marriage is the
union of one man and one woman. And because marriage is a core component
of religious convictions—indeed, many spiritual traditions treat it as a
holy sacrament—people of faith are not likely to change or disregard
their views on this central question of conscience.
Second, marriage permeates our law and culture. Thus countless
situations will require all citizens, including those who are religious,
to affirm or facilitate a fundamentally redefined understanding of
marriage.
Third, if the government declares that same-sex unions and
opposite-sex unions equally constitute marriages, the law punishes and
stigmatizes as “discriminatory” and “irrational” those who publicly
espouse a view or conduct themselves in a manner that adheres to the
traditional understanding of marriage.
History illustrates the persecution of, and an absence of tolerance
for, those who engage in what the law has proclaimed to be irrational
discrimination. The freedom of the religious faithful—particularly their
freedom to participate in the public square—will thus be sacrificed in a
society whose laws embrace a redefined view of marriage
.
Legal scholars who favor redefining marriage agree that this
religious-liberty conflict is real. Chai R. Feldblum, a law professor at
Georgetown University and current EEOC commissioner, believes that
advocates for redefining marriage have incorrectly “downplayed the
impact of such laws on some people’s religious beliefs.” Renowned
religious-liberty professor Doug Laycock and many others agree that
conflicts between same-sex marriage and religious freedom are
inevitable.
This crisis of conscience is not just a matter of legal theory; it is confirmed by real-world examples.
Laws redefining marriage have forced religious organizations to
shutter their foster and adoptive ministries because they are unable to
place children with same-sex couples. Among other examples, this
senseless religious intolerance occurred immediately following the
redefinition of marriage in the District of Columbia, even though many
other foster and adoption agencies were willing and able to place
children with same-sex couples.
After a court redefined marriage in Massachusetts, public schools
began teaching young elementary-school students that same-sex marriage
is worthy of celebration. Parents who objected for religious reasons
asked to excuse their children from these lessons. Yet a court denied
parents even this modest religious protection, stating that because
“Massachusetts has recognized gay marriage under its state constitution,
it is entirely rational for its schools to educate their students
regarding that recognition.”
Redefined marriage laws have also compelled organizations with deeply
held beliefs about marriage either to recognize the same-sex unions of
their employees or to stop providing spousal benefits to all employees.
In the District of Columbia, a Catholic organization terminated benefits
to all of its employees’ spouses just so that it could continue to
operate consistently with the dictates of its faith. And in New York, an
employee of a Catholic hospital sued her employer demanding that it
recognize her same-sex relationship and provide benefits to her partner.
Additionally, laws redefining marriage have also forced public
servants with sincere religious convictions about marriage to resign
from their positions. In New York, at least two municipal clerks
suffered this fate. Similarly, in Saskatchewan, the courts refused to
safeguard the conscience rights of marriage commissioners, despite the
fact that the province had more than 370 marriage commissioners, most of
whom did not object to presiding over a same-sex ceremony.
All of these examples, which are but a few of the many that could be
cited, illustrate the bleak prospects for conscience rights and
religious tolerance in a culture that embraces genderless marriage.
Sound logic, scholarly consensus, and recent experience all
demonstrate that redefining marriage presents a significant threat to
religious liberty. We as a society thus face a crossroads and must
decide whether to change marriage to satisfy the demands of a few
despite sacrificing the religious freedom of many. We should
collectively choose to affirm marriage, decline to deviate our course,
and continue along the road where religious liberty—a bedrock of our
civilization—may flourish.
Source: Townhall on Line
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